Partnership Act.
Praveen Kanungo
(Querist) 10 February 2010
This query is : Resolved
We had applied for the registration of a firm with the name "Om Vigilance Security". There is no other firm existing with the same name. Our application has been rejected by saying that the word "vigilance" is prohibited under the act. We asked them to state the reasons in written. They only stated that the name is not acceptable, in writing without stating the reasons therefor. Now we want to make an appeal against the action of the sub-registrar. What is the procedure?
If there is any other way out, please guide us.
Raj Kumar Makkad
(Expert) 10 February 2010
The sub-registrar has refused you legally as no such name can be used which is similar to the Govt. department as it can deceive any person. Sub-Registrar should have given you in writing, I admit it.
If you want to file an appeal, go to Collector of your area an simply mention the sequence of events, he may provide his order as per law and procedure.
Parveen Kr. Aggarwal
(Expert) 10 February 2010
Registration of firm is governed by the Indian Partnership Act, 1932 and the Registrar of Firms is the competent office for registration of firms.
Section 58 of the Act provides for application for registration of firms.
Sub-section (3)thereof provides that "
A firm shall not have any of the names or emblems specified in the Schedule to the Emblems and Names (Prevention of Improper Use) Act, 1950, or any colourable imitation thereof, unless permitted so to do under that Act, or any name which is likely to be associated by the public with the name of any other firm on account of similarity, or any name which, in the opinion of the Registrar, for reasons to be recorded in writing, is undesirable :
Provided that nothing in this sub-section shall apply to any firm registered under any such name before the date of the commencement of the Indian Partnership (Maharashtra Amendment) Act, 1984.
Sub-section (4) provides that "Any person aggrieved by an order of the Registrar under sub-section (3), may, within 30 days from the date of communication of such order, appeal to the officer not below the rank of Deputy Secretary to Government authorised by the State Government in this behalf, in such manner, and on payment of such fee, as may be prescribed. On receipt of any such appeal, the authorised officer shall, after giving an opportunity of being heard to the appellant, decide the appeal, and his decision shall be final."
B K Raghavendra Rao
(Expert) 11 February 2010
Name it as OM VIGILANT SECURITY, you may get the name clearance.
